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2208429v1 No. 14

- 15

- 00414 -CV

In re Southern American Insurance , § In the Fourteenth Agency, Inc., Al McClure, Dalina § St. Lawrence, and Gwen Crosby, § Court of Appeals § Relators § at Houston , Texas

S ECOND A GREED M OTION FOR E XTENSION OF
T IME TO F ILE M ANDAMUS R ESPONSE

Relators Southern American Insurance Agency, Inc., Al McClure, Dalina St.

Lawrence, and Gwen Cros b y (“Southern American”); Relators Hull and

Company, Inc., Karen Noyes, and Cindy Winchcombe (“Hull and Company”) ; and

Real Parties in Interest Heather Haygood, Individually and as Next Friend of J.A.,

a Minor

, and Lynn Klement, on behalf of Heather Haygood, and J.A. (“Haygood”)

file this Agreed Motion for Extension of Time to File Mandamus Response and

would respectfully show:

Southern American filed its Petition for Writ of Mandamus on May 7, 2015,

and Hull and Company filed its Joinder in the petition the same day. On May 13,

2015, this Court requested that Haygood file a response to the mandamus petitions

by May 28, 2015. This Court granted an extension until July 15, 2015 on May 27,

2015. The parties mediated the case on June 15, 2015 and Haygood and Southern

American reached a settlement. Upon the parties’ motions, the trial court lifted the

stay in order to appoint a guardian ad litem on July 8, 2015. The parties intend to

set a hearing under Texas Rule of Civil Procedure 44(2) as soon as possib le. ACCEPTED
14-15-00414-CV
FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS
7/14/2015 3:34:31 PM
CHRISTOPHER PRINE

CLERK2

2208429v1 Postponing the mandamus response deadline will allow Haygood to avoid

the potentially needless expense of drafting a response if the case proceeds to settle

with the trial court’s approval ; it will also prevent the Court from wasting judicial

resourc es in considering mandamus petitions that could be rendered moot by a

settlement. Accordingly, the parties are jointly requesting that the Court extend the

deadline for Haygood to file her mandamus response for an additional thirty days,

or August 1 4 , 201 5. See Tex. R. App. P. 10.5(b). This is the second request for an

extension of time to file the mandamus response.

For these reasons, the parties respectfully request that the Court grant this

motion and extend the deadline for Haygood to file her resp onse to the mandamus

petitions until August 1 4 , 2015.

Respectfully submitted,

H ENDLER L YONS F LORES

, PLLC

By: /s/ Rebecca R. Webber

Rebecca R. Webber

State Bar No. 24060805

Scott M. Hendler

State Bar No. 09445500

1301 W. 25th Street, Suite 400 Austin, Texas 78705 Telephone: (512) 439

- 3200

Email: rwebber@hendlerlaw.com

Email: shendler@hendlerlaw.com3

2208429v1 Troy Chandler

State Bar No. 24006982

C HANDLER M C N ULTY

, LLP 1001 West Loop South, Suite 602
Houston, Texas 77027 Email: Troy@chandlermcnulty.c om

Counsel for Real Part ies in Interest Heather Haygood, Individually and as Next Friend of J.A., a Minor, and Lynn Klement, on behalf of Heather Haygood

and J.A.

CERTIFICATE OF CONFERENCE

I hereby certify that Counsel for Plaintiff has conferred with Amy Greene

, counsel for Defendant Hull & Co. et al, and Danielle Maya, counsel for Southern American, et al, and certify that defendants are unopposed to this motion.4

2208429v1 CERTIFICATE OF SERVICE

I certify that on July 14, 2015, a true and correct copy of this Second Agreed Motion for Extension of Time was served on the persons listed below by electronic service, email, or certif ied mail:

The Honorable Kyle Carter

125 th Judicial District Court

Harr is County Civil Courthouse 201 Caroline, 10 th Floor
Houston, Texas 77002 Respondent

Thompson, Coe, Cousins & Irons

J. Richard Harmon rharmon@thompsoncoe.com 700 N. Pearl Street, Suite 2500 Dallas, Texas 75201 Danielle F. Maya dmaya@thompsoncoe.com One Riverway, Suite 1400
Houston, Texas 77056 Courtney K. Walsh cwalsh@thompsoncoe.com One Riverway, Suite 1400

H ouston, Texas 77056 Attorneys for Defendants Southern American Insurance Agency, Inc., Al McClure, Gwen Crosby, and Dalina St. Lawrence

Phelps Dunbar, LLP Mary “Amy” Cazes Greene

A m y .greene@phelps.com

One Allen C enter 500 Dallas Street, Suite 1300
Houston, Texas 77002 Attorney for Defendants Hull & Company, Inc., Karen Noyes, and Cindy

Winchcombe

/s/ Rebecca R. Webber

Rebecca R. Webber